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Millie123

Renetry without Parole

By Millie123 in Adjustment of Status from Work, Student, & Tourist Visas

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26 posts in this topic

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Boiler Grand Master

Boiler   46,156

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

F1 is a non immigrant visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted

Doesn't the OP have to be in the US for the I-130 that is still at the NVC to be valid? The OP does not state whether the F-1 is still valid. If it is, then he can use the "grey area" to return to the US and file the AOS. If the F-1 is not valid anymore, then what method can he use to return to the US that would not be considered visa fraud now that he is married to a USC. Or can he use the I-130 while still outside the US, have the USC spouse file the AOS and then he gets an interview at the Embassy/Consulate of his home country? Just curious.

Dave

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Doesn't the OP have to be in the US for the I-130 that is still at the NVC to be valid? The OP does not state whether the F-1 is still valid. If it is, then he can use the "grey area" to return to the US and file the AOS. If the F-1 is not valid anymore, then what method can he use to return to the US that would not be considered visa fraud now that he is married to a USC. Or can he use the I-130 while still outside the US, have the USC spouse file the AOS and then he gets an interview at the Embassy/Consulate of his home country? Just curious.

Dave

The I-130 is filed by the US citizen to confirm that they can sponsor their spouse. Same form that is used for a CR-1 visa if the spouse is out of the country. It is the I-485 that is filed (by the foreign spouse) to adjust status within the country, and it is that which is considered abandoned. The I-130 is still valid.

If the F-1 isn't valid anymore, they will have to file for a CR-1 visa and wait until it is approved before the spouse can move here.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Dave - I invite you to reread post #7.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Ya, is ok.

The bit that is meaningful, to me, is that the I-130 was lobbed over to NVC by a thoughtful IO at the local USCIS office after interviewing (solely) the USCitizen.

That was really nice and kind of the IO, you betcha. She has yet another path available to her now, it's on HER to get her husband to study up on LingChe in the wiki, and sally forth with getting speed at NVC.

IMO, if'n her husband learns this stuff, she could be IN the USA in time for the fall semester, holding an immigrant visa.

But that's just my opinion. There are others, ya?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

AnotherLostSoul Proficient

AnotherLostSoul   167

Posted
Filed: Timeline
Posted

I don't know how she could be fast to get an immigrant visa Darnell...maybe I'm missing out something on this what you say.

Dave: I changed from F1. When one files AOS from F1 they have a decision to either stop their SEVIS record (meaning no longer F1 students) or keep it (but that means you have to be a full time registered student- pay international fees). Sounds to me that the OP has gone home...and unless this is some sort of weird school, we still have school in session (I do). That sort of implies she may have had her F1 terminated already, so if this is the case, she cannot enter on F1 anymore. Now, she could try to apply for a new one along with a new I-20 from her institution, but whether she gets it due to showing immigration intent already is another question...

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

I don't know how she could be fast to get an immigrant visa Darnell...maybe I'm missing out something on this what you say.

Do you know about NVC Processing and LingChe in the wiki, here?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

Alrighty !!!! you might want to step out of this one, for the nonce, until the OP comes back and actually mentions her husband is proceeding with NVC Processing for her.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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